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WhichTime.com Terms and Conditions

These terms and conditions were last updated on 14 March 2008.

WhichTime.com is owned and operated by WhichTime.com Limited. WhichTime.com Limited is registered under New Zealand law and has its registered office in Warkworth, New Zealand.

1. These Terms and Conditions

1.1 Acceptance

You must agree to these terms and conditions to be able to use the WhichTime.com web site and services. If you do not agree to these terms and conditions then you must not use this web site.

1.2 Amendment

From time to time amendments will be made to these terms and conditions. It is your responsibility to ensure you are familiar with the current terms and conditions. Amendments to the terms and conditions are effective as soon as they have been posted to the web site. By using the WhichTime.com web site and services you agree to be bound by the amended terms and conditions.

1.3 Terminology
In these terms and conditions, the following expressions have the following meanings:

"user" means any registered user of WhichTime.com.
"WhichTime.com Limited", "we", "us", and "our" are references to WhichTime.com Limited.
"calendar data" means the calendar data you create while using WhichTime.com services.
"services" means any one or more of the services offered by WhichTime.com Limited.
"you" and "your" are references to you the user.
"web site" means any WhichTime.com Limited web site through which the services are offered, including (without limitation) WhichTime.com.

2. Your Obligations

2.1 You are solely and legally responsible for the content and legality of all information contained in your calendar data and any other information or material you post to or enter on the web site. You should not include any illegal or unlawful information in your calendar data.

2.2 If you make your calendar data available to other people you do so entirely at your own risk. You agree that WhichTime.com Limited has no responsibility or liability for any of your actions.

2.3 You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:

a. not to permit any other person to use your user name and password; and

b. not to disclose, or provide to any other person, your password.

2.4 You will not attempt to damage or harm the web site or the services.

2.5 You will only interface with this web site manually and through a web browser except when using a service which specifically states you are allowed to interface with it automatically . Otherwise you are not permitted to programmatically or otherwise automatically interface with this web site.

3. Disclaimer

3.1. Your use of the web site and the services is at your sole risk. WhichTime.com Limited expressly disclaims, to the maximum extent permitted by law, all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

3.2 WhichTime.com Limited reserves the right to suspend or terminate your user account without entering into further discussions with you. We may, at our sole discretion, edit, modify, or delete content from your calendar data. We are not liable to you if we exercise any of these rights

3.3 System integrity
WhichTime.com Limited will endeavour to ensure the availability of the web site and services. However, WhichTime.com Limited takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, WhichTime.com Limited assumes no responsibility for the corruption or loss of any data or information held by WhichTime.com Limited.

3.4 Force Majeure
WhichTime.com Limited has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of WhichTime.com Limited to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of WhichTime.com Limited.

3.5 No Waiver
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

3.6 Partial Invalidity
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

3.7 Governing Law
These terms and conditions and your membership are governed by the laws of New Zealand. You submit to the jurisdiction of the Courts of New Zealand.

3.8 Intellectual Property Rights
WhichTime.com Limited owns all intellectual property rights and other proprietary rights in the web site (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means: adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the web site; or commercialise, copy or on-sell any information or items obtained from any part of the web site.

3.9 Entire agreement
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

3.10 Privacy
Please refer to our Privacy Policy. WhichTime.com Limited collects information about you through your use of the services and the web site. You agree that WhichTime.com Limited may use this information to assist us to provide the services to you, for research purposes, to verify your identity, for promoting and marketing other WhichTime.com Limited products and services to you, and for any other use that you authorise. We will not sell or allow third parties to access your information without your consent, however you agree that WhichTime.com Limited may disclose your information, including your name and contact details, to the relevant authorities if we consider that you are in breach of these terms and conditions at any time.

4. Limitation of Liability

WhichTime.com Limited shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the service, or the inability to access the service.

5. Indemnity

You agree to indemnify fully WhichTime.com Limited from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by WhichTime.com Limited.


 


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